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2019-28
RESOLUTION 2019 - 28 A RESOLUTION RATIFYING EXECUTION OF AN AGREEMENT WITH CONSTELLATION NEW ENERGY—GAS DIVISION FOR GAS SUPPLY SERVICES WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village engaged Kenneth J. Kogut & Associates to monitor pricing for Natural Gas Supply and Service for the Village; and WHEREAS, it is in the best interest of the Village to execute an agreement with Constellation New Energy—Gas Division LLC. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Board ratifies the execution of an extension to the agreement with Constellation New Energy—Gas Division LLC. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval. AYES: 6—Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYES: 0-None ABSENT: 0-None PASSED: August 19, 2019. APPROVED: August 19, 2019. APPROVED: Beverly Sus an,Village President AMST: Janet-Sffabian, Village Clerk Dogq§ n Envelope ID:B9AD9408-E07B-40C2-A561-CDC2D3EE3A6E AMORM1h .m. i, CoinsteLLation, An Exelon Company Account Manager: Zimonick, Kyle DEAL NO. 1046366 (920)617-6045 kyle.zimonick@constellation.com Ta aci fir ai This Transaction Confirmation is delivered pursuant to and in accordance with a gas supply agreement("Gas Supply Agreement"),effective 3/4/2013, by and between Constellation NewEnergy-Gas Division, LLC("Constellation")and Village of Buffalo Grove("Customer"),and is subject to and made part of the terms and conditions of such Gas Supply Agreement. Trade Date: 8/6/2019 Buyer: Village of Buffalo Grove Seller: Constellation NewEnergy-Gas Division,LLC(CNEGAS) Facie Name: Village of Buffalo Grove PHYS POOLACCT Del1wry Per!odt 12/1/2020-11/30/2022(inclusive) Nature of Obligation: Firm- "Firm"means deliveries and receipts may not be interrupted without liability except for reasons of Force Majeure regardless of the capacity type Constellation uses to receive such gas. Deal Tvoe: Physical Fixed Price Contract Quantity(Mill Customer agrees that Constellation will have the exclusive right to determine usage nominations for this Facility. Contract Price:$2.99300/MMBtu US$Rounded to five decimal places Plus applicable taxes olu •1 MMBtu=10 THERMS Price:Per MMBtu price/10=per THERM price The price referenced herein is inclusive of fuel to the delivery point. 1.O0%►SwIMThe rate for all volumes consumed duringthe Delivery Period shall be the Contract Price listed herein, excluding anyquantities fixed under a separate transaction confirmation. If Constellation and Customer have previously entered into any commodity tra nsaction(s)for the Facility(the"Previous Transaction")that overlap one or more of the delivery months covered in this Transaction Confirmation(the "Overlapping Month(s)"),the incremental gas pricing in this Transaction Confirmation shall apply to the Overlapping Months instead of any conflicting incremental gas pricing associated with the Previous Transaction. Allocation:Constellation will allocate the Contract Quantity listed herein among the Customer's separate facilities or meters at a later date. 9 2018 Constellation Energy Resources,LLC. The offerings described herein are thoseof either Constellation NewEnergy-Gas Division,LLC or Constellation NewEnergy, Inc.,affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks orservice marks of their respective holders.All rights reserved. Errors and omissions excepted. Page 1 of 3 DEAL NO.1046366 DocuSit n Envelope ID:BMD9408-EM-40132-A561-CDC2D3EE3A6E wl . ConsteRa t ion, An Exelon Company Pipeline:NGPL Delivery Poin NICOR Unlit. NICOR LDC Account NoU 2117140000,2614740000,3147070000,3399440000, 5246070000,6882170000, 6926070000,9492240000 UtilltyData Exchange Fee:The pricereferenoed herein does not includethe utility Bulletin board charges or utility pooling fees,where applicable,which are billed to Customer as a separate monthly line item by Constellation. Seller's planned billing method for this facility is to bill Buyer based on:Actual Consumption Default Service: Should Constellation continue to deliver to Customer beyond the term of this Transaction Confirmation,said deliveries will be made for successive 1 month terms(each an"Extension Term"), until terminated by either party by giving written notice of termination not less than 30 days prior to the expiration of the then-current Extension Term. Each month,the default price(the"Evergreen Price")will equal the applicable published index,plus transportation,fuel and any other charges associated with the delivery of gas to the Delivery Point. Unless otherwise provided by Customer,Constellation will determine Customer's monthly nomination in a commercially reasonable manner based upon Customer's historical usage data. (SIGNATURE BLOCKS FOLLOW ON NEXT PAGE) ©2018 Constellation Energy Resources,I.L.C. The offerings described herein are those of either Constellation NewEnergy-Gas Division,LLC or Constellation NewEnergy, Inc.,affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders.All rights reserved. Errors and omissions excepted. Page 2 of 3 DEAL NO.1046366 DocuSia,n Envelope ID:89AD9408-E076-40C2-A561-CDC2D3EE3A6E ConsteuVllllllllllll�lllllllllllllllll ui""' �Illlllllllllllllluuumu"` R ation, An Exelon Company ThisTransaction Confirmation documents an agreement previously reached byauthorized representatives of the parties.Unless disputed by Customer in writing within two(2)business days of Constellation's execution date,or such othertime frame as specified inthe Gas Supply Agreement,it is bindingand shall be deemed accepted. Please return via the DocuSign E-Signature process or email to QNEGTran,5actionConfirmations@Constellation.com. Constellation NewEnergy-Gas Division,LLC Village of Buffalo Grove 01M+ Name: David T.Donat Name: Title: Vice President Title: Date: Date: 8/6/2019 11:08:30 AM Customer ID PA-142791 Contract No.CNEG13099 Deal No. 1046366 ©2018 Constellation Energy Resources,LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division,LLC or Constellation NewEnergy, Inc.,affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks oft heir respective holders.All rights reserved. Errors and omissions excepted. Page 3 of 3 DEAL NO.1046366 Docu:Fv ". mmnsIeueEo Certificate Of Completion Envelope Id:B9AD940BE07B40C2A561CDC2D3EE3A6E Status:Sent Subject:Executed C&I Gas Transaction Confirmation-Order#1046366-Village of Buffalo Grove-PA-142791 Source Envelope: Document Pages:3 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Constellation Transaction Confirmations AutoNav:Enabled 9400 Bunsen Parkway Envelopeld Stamping:Enabled Suite 100 Time Zone:(UTC-05:00)Eastern Time(US&Canada) Louisville,KY 40220 CN EGTransactionConfirmations@constel lation.com IP Address:64.79.142.1 Record Tracking Status:Original Holder:Constellation Transaction Confirmations Location:DocuSign 8/6/2019 12:08:56 PM CN EGTransactionConfi rmations@constellation.com Signer Events Signature Timestamp bgfinance@vbg.org Sent:8/6/2019 12:08:58 PM bgfinance@vbg.org Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp kenk@kogutassoc.com Sent:816/201 9 1 2:08:57 PM kenk@kogutassoc.com =C 0 PIED Viewed:8/61201 9 1 2:16:46 PM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kyle Zimonick COPIED Sent:8/6/2019 1 2:08:58 PM kyle.zimonick@constellation.com Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Liz Peronto Sent:8/6/2019 1 2:08:58 PM liz.peronto@constel lation.com Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/6/2019 12:08:58 PM Payment Events Status Timestamps